Tennessee is a non-judicial foreclosure state. This means that your house may be foreclosed on without the lender having to go to court. Generally you will receive notice via mail 20 days or more before the scheduled sale date. The sale is performed by a trustee, not the lender.
Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.
Before you can file a Chapter 13 bankruptcy there are some things you need to do. Some of the common requirements include filing your taxes for the most recent year due. Proof of your filing of taxes must be given to your attorney. A list of ALL of your creditors is also required in order to give notice to them. Evidence of pay for the previous two months must also be provided to your attorney. You will also need to bring proof of your social security and a government issued photo ID.
Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan - up to 60 months.
For any property you wish to keep that has a lien on it you must pay for that property. The debts owed on these properties are "secured" debts - these include a mortgage and debts owed on cars. "Unsecured" debts are not backed by any property. You may be able to pay less than 100% of these debts, depending on certain things - like your current income, your income over the last 6 months, and the value of all your property.
Some property, like cars, can be subject to a "cram-down" in a Chapter 13 bankruptcy. A debt is crammed down when the secured debt is reduced to reflect the value of the property rather than the actual amount owed. An example would be a car that has a payoff amount of $20,000 but the car is only worth $10,000, the cram down would result in a secured debt of $10,000 and an unsecured debt $10,000.
In order to go into effect, a Chapter 13 Plan must be "confirmed." Upon confirmation the Chapter 13 Trustee will begin paying your creditors. You make payments on your Chapter 13 Plan either directly or through a payroll deduction.
At the completion of your Chapter 13 Plan you will be caught up on your mortgage. You will then resume paying your lender directly the regular monthly mortgage. Any unsecured debt that was not paid will be "Discharged" meaning the creditors cannot take any adverse action against you. - 29904
Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.
Before you can file a Chapter 13 bankruptcy there are some things you need to do. Some of the common requirements include filing your taxes for the most recent year due. Proof of your filing of taxes must be given to your attorney. A list of ALL of your creditors is also required in order to give notice to them. Evidence of pay for the previous two months must also be provided to your attorney. You will also need to bring proof of your social security and a government issued photo ID.
Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan - up to 60 months.
For any property you wish to keep that has a lien on it you must pay for that property. The debts owed on these properties are "secured" debts - these include a mortgage and debts owed on cars. "Unsecured" debts are not backed by any property. You may be able to pay less than 100% of these debts, depending on certain things - like your current income, your income over the last 6 months, and the value of all your property.
Some property, like cars, can be subject to a "cram-down" in a Chapter 13 bankruptcy. A debt is crammed down when the secured debt is reduced to reflect the value of the property rather than the actual amount owed. An example would be a car that has a payoff amount of $20,000 but the car is only worth $10,000, the cram down would result in a secured debt of $10,000 and an unsecured debt $10,000.
In order to go into effect, a Chapter 13 Plan must be "confirmed." Upon confirmation the Chapter 13 Trustee will begin paying your creditors. You make payments on your Chapter 13 Plan either directly or through a payroll deduction.
At the completion of your Chapter 13 Plan you will be caught up on your mortgage. You will then resume paying your lender directly the regular monthly mortgage. Any unsecured debt that was not paid will be "Discharged" meaning the creditors cannot take any adverse action against you. - 29904
About the Author:
If you want to stop foreclosure in Clarksville then call Nashville bankruptcy attorney W. Alan Alder at 1-800-706-7863.
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